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23rd Annual Consumer Financial Services Institute - New York


Speaker(s): Alan Schoenfeld, Andre M. Mura, Brian K. Victor, Bruce A. Friedman, Christopher J. Willis, Christopher L. Peterson, Cornelius K. Hurley, David N. Anthony, Elizabeth J. Cabraser, Eric J. Mogilnicki , F. Paul Bland, Jr., Frank R. Borchert, III, Hon. Rebecca R. Pallmeyer, Jane M. Azia, Jeff Sovern, Jennifer Finnegan, John Soumilas, John W. Barrett, Joshua P. Davis, Katherine E. McCarron, Keith A. Noreika, Malini Mithal, Matthew Wessler, Matthew H. Meade, Quyen T. Truong, Richard K. Hayes, Serge Jorgensen, Shennan A. Kavanagh, Todd J. Zywicki
Recorded on: Mar. 26, 2018
PLI Program #: 221138

Brian Victor joined SoFi in 2016 and is the principal legal support for SoFi’s Capital Markets Group and New Products.  He’s covers SoFi’s ABS securitizations (personal loan, student loan and mortgage), warehouse  and repo  facilities, hybrid and VC funds and provides support for  SoFi’s new consumer products.  

Prior to SoFi, Brian was SVP and Associate General Counsel at Bank of America, N.A. from 2010 to 2016, where he worked on a variety of mortgage regulatory and compliance issues and met regularly with Attorney General’s Offices across the country.

Prior to joining Bank of America, Brian spent 16 years in private practice, first as an associate at Skadden Arps Slate Meagher & Flom LLP (10 years); and then as   Structured Finance partner at Winston & Strawn LLP and McKee Nelson LLP.

Brian received his JD from Rutgers School of Law, where he was a member of the Rutgers Law Review. He received a B.A. in Economics from Rutgers University and   while in college studied Economics at Yale as an American Economics Association scholar.


Christopher Peterson is the John J. Flynn Endowed Professor of Law at the University of Utah's S.J. Quinney College of Law where he teaches contracts, commercial law, and consumer protection courses. Professor Peterson is also a Senior Fellow and the Director of Financial Services at the Consumer Federation of America in Washington, D.C. From 2012 to 2016 Professor Peterson served as a Special Advisor in the Office of the Director at the United States Consumer Financial Protection Bureau, in the Office of Legal Policy for Personnel and Readiness in the United States Department of Defense, and as Senior Counsel for Enforcement Policy and Strategy in the Consumer Financial Protection Bureau's Office of Enforcement. From 2009-2012 he served as Associate Dean for Academic Affairs. Before joining the University of Utah faculty in 2008, Professor Peterson taught for five years at the University of Florida, Fredric G. Levin College of Law. He also worked as a consumer rights attorney for the United States Public Interest Research Group in Washington, D.C. and clerked for the Honorable Wade Brorby on the United States Court of Appeals for the Tenth Circuit.

A recognized authority on consumer finance, Professor Peterson has frequently testified in Congressional hearings and has presented his research to the Federal Deposit Insurance Corporation, Federal Reserve Board of Governors, and at the White House in both Democratic and Republican administrations. Professor Peterson's books include the Thompson/West casebook Consumer Law: Cases and Materials and Taming the Sharks: Towards a Cure for the High Cost Credit Market which won the American College of Consumer Financial Services Lawyers' outstanding book of the year prize.  He is a consumer fellow of the American Bar Association's Consumer Financial Services Committee. Professor Peterson is a recipient of the National Association of Consumer Agency Administrators' Consumer Advocate of the Year award and the Department of Defense's Office of the Secretary of Defense Award for Excellence--both bestowed in recognition of his role in promoting an Act of Congress and subsequent implementing regulations that protect military service members from predatory lending practices.


Elizabeth Cabraser is a founding partner of Lieff Cabraser Heimann & Bernstein, LLP, one of the country's largest law firms serving plaintiffs seeking redress for financial and consumer fraud, anti-competitive practices, harmful drugs and products, and illegal employment practices. Since 1978, she has served as court-appointed lead and class counsel in scores of federal class actions, multi-district and state coordinated proceedings. These cases have included multi-state tobacco, the Exxon Valdez disaster, Breast Implants, Fen-Phen (Diet Drugs), Vioxx, Toyota sudden acceleration, numerous securities/investment fraud and antitrust cases, and the historic Holocaust human rights litigation. Ms. Cabraser's recent consumer-related work includes the negotiation, drafting, approval and implementation of major class action settlements, including the vehicle buyback and restitution program in the VW "Clean Diesel" Litigation<http://cand.uscourts.gov/crb/vwmdl> and the economic loss settlement in the Deepwater horizon Oil Spill Litigation<http://deepwaterhorizonsettlements.com/>, that undertake delivery of billions of dollars in recoveries to consumers, businesses, and employees in innovative ways.

Ms. Cabraser is a Fellow of the American Academy of Arts and Sciences, an active members of the American Law Institute, and has written and spoken extensively on substantive legal issues as well as those related to the advancement of women in the profession. She lectures on class action and complex litigation at Berkeley and Columbia Law Schools, and has also lectured and conducted seminars for the Federal Judicial Center, ALI-ABA, The National Center for State Courts, Vanderbilt University Law School, and the Practicing Law Institute. She has been named repeatedly to the Lawdragon 500, The Top 100 California Lawyers, and as a SuperLawyer in multiple fields. In 2010, the American Bar Association Commission on Women in the Profession honored Ms. Cabraser with its Margaret Brent Women Lawyers of Achievement Award, regarded by many as the highest honor in the legal profession for women lawyers. She was selected by Law360 as a 2016 MVP for Class Action Law, was named 2017's "Plaintiff Attorney of the Year" by Benchmark Litigation, and in September 2017 received the National Law Journal's "Lifetime Achievement" award. She received the 2018 “California Lawyer of the Year” award for the successful VW “Clean Diesel” class settlements. Public Justice named Ms. Cabraser and her co-counsel as 2019 Trial Lawyers of the Year for their victory in the Hall v. State Farm class action.


Joshua P. Davis is Professor and Direct, Center for Law and Ethics at the University of San Francisco School of Law. He has published more than twenty articles on antitrust class actions, class action doctrine, ethics, free speech doctrine, and jurisprudence. His recent work has focused on artificial intelligence and the law. He regularly presents and serves as an expert on ethics as they apply to class actions. His publications have been cited in federal trial and appellate courts. He has also argued class certification and Daubert motions and federal court appeals in antitrust cases. He graduated from NYU School of Law where he was the Senior Articles Editor of the NYU Law Review and won the Frank H. Sommer Award for top general scholarship and achievement in his class. He served as a law clerk to Patrick Higginbotham on the U.S. Court of Appeals for the Fifth Circuit. Before entering academia, he was a partner at Lieff, Cabraser, Heimann & Bernstein, LLP.


Keith Noreika is a Partner in the Firm’s Washington, D.C. office and a member of the Financial Institutions Practice. Keith’s practice focuses on banking regulation and related litigation. He advises a wide range of domestic and international financial institutions on regulatory issues relating to mergers and acquisitions, minority investments, capital issuances, structuring and compliance activities, and litigation matters, particularly in the area of federal preemption.

Keith’s extensive experience includes advising regional, multinational and other banks on the structuring of their U.S. operations, including compliance with the Volcker Rule and Consumer Financial Protection Bureau regulations, Bank Secrecy Act and anti-money laundering rules, as well as transactional matters and related regulatory applications. He has worked as the lead regulatory attorney in connection with IBERIABANK’s acquisition of Sabadell United Bank. He has counseled numerous private equity funds with respect to investments in banking organizations. In addition, Keith has represented large national banks before the U.S. Supreme Court, the U.S. Court of Appeals and the U.S. District Courts in connection with federal preemption challenges to states’ assertions of regulatory and supervisory authority over the activities of operating subsidiaries.

Keith returned to the Firm in 2018 after serving as Acting Comptroller of the Currency where he led the 4,000-person agency responsible for chartering, regulating and supervising all national banks and federal savings associations as well as federal branches and agencies of foreign banks in the United States. He joined the Office of the Comptroller of the Currency (OCC) in May 2017. The OCC supervises approximately 1,400 national banks and federal savings associations and about 50 federal branches and agencies of foreign banks in the United States. The Comptroller also is a director of the Federal Deposit Insurance Corporation and member of the Financial Stability Oversight Council.

Keith has been an adjunct faculty member at the University of Pennsylvania Law School and the University of Virginia School of Law. He is a co-author of the treatise Regulation of Foreign Banks & Affiliates in the United States. Keith has been recognized as a leader in his field by Chambers USA in “Financial Services Regulation: Banking Compliance” since 2014. He received his J.D. in 1997 from Harvard Law School, where he was editor of the Harvard Law Review. He earned his B.S. from The Wharton School of the University of Pennsylvania in 1994.

 


Malini Mithal is the Associate Director of the Federal Trade Commission’s Division of Financial Practices. In this capacity, she supervises investigations and enforcement actions challenging unfair or deceptive practices in the provision of non-bank financial services, including in the areas of FinTech, lead generation, short-term loans, debt collection, student loan debt relief, mortgage relief, and automobile advertising and financing. Under her leadership, the Division has also engaged in significant policy initiatives, including hosting workshops or issuing reports on marketplace lending, blockchain, artificial intelligence, peer-to-peer payments, crowdfunding, lead generation, mobile payments, and mobile cramming.

Ms. Mithal has held numerous positions at the Commission, including Counsel to the Director of the Bureau of Consumer Protection. Prior to joining the FTC in 2005, Ms. Mithal served as a law clerk for the Honorable Alan S. Gold of the U.S. District Court for the Southern District of Florida. She received her law degree from Columbia Law School and her undergraduate degree from Georgetown University.


Matt Wessler is a principal at Gupta Wessler PLLC, where he focuses on public interest and plaintiffs’-side appellate and complex litigation.

Matt handles high-profile cases at all levels of both state and federal court and has an active U.S. Supreme Court practice. This term he will argue in Intel Corp. v. Sulyma on behalf of current and former Intel employees. Outside of the Supreme Court, Matt’s practice involves a wide range of areas including class actions, health care, personal injury, employee benefits, consumer protection, preemption, arbitration, antitrust, and banking. He has won major decisions in the federal courts of appeal on behalf of consumers and workers and has been profiled by the National Law Journal for his appellate work on behalf of plaintiffs. He is also outside litigation counsel to several national non-profit organizations and advocacy groups and is currently lead counsel for SEIU and the American Federation of Teachers in a constitutional separation-of-powers challenge brought against Wisconsin legislators. In addition to his appellate work, Matt frequently co-counsels with trial firms in complex, ground-up litigation.

Before joining the firm in July 2015, Matt spent six years as a staff attorney at Public Justice, P.C. in Washington, DC, where he spearheaded the firm’s focus on Supreme Court litigation and earned national attention for leading high-profile public interest cases. Matt previously practiced at the Washington law firm of Williams & Connolly LLP clerked for the Honorable Richard L. Nygaard of the U.S Court of Appeals for the Third Circuit and the Honorable William E. Smith of the U.S. District Court for the District of Rhode Island. Matt is a graduate of Cornell Law School and Williams College.


Rebecca R. Pallmeyer graduated from Valparaiso University and earned her law degree from the University of Chicago Law School.  Following a one-year clerkship with Justice Rosalie Wahl of the Minnesota Supreme Court, Judge Pallmeyer practiced commercial litigation with a Chicago law firm. 

From 1985 until 1991, Ms. Pallmeyer was an Administrative Law Judge with the Illinois Human Rights Commission, a quasi-judicial agency responsible for enforcement of the state's anti-discrimination laws.  On October 1, 1991, Ms. Pallmeyer was appointed a United States Magistrate Judge for the Northern District of Illinois.  She served as Presiding Magistrate Judge from 1996 until 1998.  In 1997, President Clinton nominated her for a seat in the U.S. District Court in Chicago, where she has served since October 1998.  

Judge Pallmeyer served from 2013 to 2019 as a member on the Committee on Court Administration and Case Management and since March 2019 has served on the United States Judicial Conference.  She is an honorary fellow of the College of Labor and Employment Lawyers, a fellow of the American Bar Foundation, and a member of the ALI-CLE Employment and Labor Law Advisory Panel.  Since 2006, Judge Pallmeyer has served on the faculty for the annual ALI-CLE program, Current Developments in Employment Law, held in Santa Fe, New Mexico. Judge Pallmeyer is past President of the Lawyers Club of Chicago; past President and active member of the Richard Linn American Inn of Courts, an Inn focused on intellectual property law; and an active member of the Chicago Bar Association, the Chicago Chapter of the Federal Bar Association, the Women’s Bar Association of Illinois, and the American Bar Association.  She is the immediate past Secretary to the Labor and Employment Law Section of the American Bar Association.

Judge Pallmeyer became Chief Judge of the U.S. District Court for the Northern District of Illinois on July 1, 2019.


As a member of Aon’s Law Firm Advisory Team and Loss Prevention group, Jenny advises law firm clients on risk management, professional responsibility and legal ethics issues, and law firm strategic planning. She has more than 20 years’ experience as a litigator and over 12 years of experience in professional responsibility counseling and defense of professional liability claims.

Prior to joining Aon in 2018, Jenny was the General Counsel of Herrick, Feinstein LLP, a mid-sized, full service law firm based in New York. Before taking on the General Counsel role, Jenny was a litigation partner at Herrick, focusing her practice on civil litigation for financial institutions and for manufacturers in the pharmaceutical, consumer products, and automotive industries.

Jenny graduated from Georgetown University Law Center in 1995 and earned her undergraduate degree summa cum laude from The College of New Jersey.

Jenny regularly speaks on professional responsibility and attorney-client privilege and work product topics. She is admitted to practice law in New York, New Jersey, and Washington, DC.


The mechanics of banking are largely fixed, difficult to change and hard to transform into a delightful experience. That’s where Best Egg is changing the playing field. Frank Borchert is General Counsel and Secretary for Marlette Funding, LLC a financial technology provider powering the Best Egg brand to find smarter ways to make money accessible so people can enjoy life.  Best Egg personal loans have helped over 370,000 customers access nearly $6B.

Mr. Borchert has extensive experience in the financial services industry and in serving consumers and small businesses through innovation.  Prior to joining Marlette, he served in various roles including Chief Regulatory Counsel for the consumer businesses at JPMorgan Chase and General Counsel for Chase Card Services.  Borchert served in the Administration of George W. Bush as Senior Advisor, Counselor to the Secretary of Housing and Urban Development and General Counsel at the Small Business Administration.  Prior to joining the government, he was EVP & Deputy General Counsel at Capital One Financial Corp. where he was responsible for managing the entire legal and government relations teams.  He began his legal career in private practice at Cleary, Gottlieb in Washington, DC.  He currently serves on the boards of the Marketplace Lending Association and Online Lenders Policy Institute, both of which are committed to expanding understanding and support for Fintech and responsible online lending.  Borchert has a B.A. from Swarthmore College, with High Honors; a law degree from N.Y.U. School of Law and was a Fulbright Fellow in Tokyo, Japan at the University of Tokyo and the Ministry of Finance.


Matthew H. Meade is co-chair of the firm's Cybersecurity and Data Protection Group where he provides advice regarding data security breaches, information and records management and other areas regarding privacy. He helps clients identify business risks associated with the use and storage of sensitive information. Matt regularly advises clients on security breach notification laws and other U.S. state and federal data security requirements (including laws regarding disposal of records). Matt drafts agreements addressing issues related to data use, privacy and security. He also has prepared document retention and management policies and developed associated training programs.

Matt's recent representations include:

  • Advised numerous entities, including health care providers, manufacturers, retailers, schools, security alarm companies, financial services company, county governments and collection agency on information security breach notification procedures and development of post breach corrective action plans.
  • Coordinated response to multi-state security breaches and hacking with local and federal law enforcement, district attorney and United States Attorney.
  • Performed comprehensive review and subsequent revisions of all security policies for leading hospitality provider and then provided data security training to managers and executives on subjects covered in policies.
  • On behalf of a health care automation solutions provider, obtained dismissal of claims arising from the theft of an employee’s laptop computer containing protected health information, on grounds that court lacked subject matter jurisdiction because plaintiff failed to adequately allege injury-in-fact.
  • Assisted banking client with response to unauthorized customer wire transfer, including developing post-incident policy enhancements.
  • Coordinated internal investigation of health care data breach, subsequent patient notice, communication with the Department of Health & Human Services Office of Civil Rights (“OCR”) and development of corrective steps. OCR closed the case taking no further action and noting the voluntary compliance efforts of the entity.
  • Negotiated with states attorney general office’s on behalf of cloud storage company holding data of health care entity involved in multi-state investigation and multi-jurisdiction litigation.
  • Prepared and reviewed company policies including Written Information Security Programs, document management, social networking and incident response.
  • Conducted internal investigation of processes and procedures of professional sports league, including analysis of discipline by league of teams, coaches and players, and of document management policy.
  • Conducted an internal investigation of a large-scale data leak of personnel information at a Fortune 100 corporation; interviewing relevant employees and preparing a report and recommendations for the Executive Board.
  • Advised clients on proper security measures in connection with employee and customer personal information.

Prior to joining Buchanan, Matt was an associate with the New York office of an international law firm, where, in addition to privacy-related matters, he worked on white-collar internal investigations, federal litigation matters and federal criminal cases, including plea negotiations, participation in proffer sessions, bail proceedings, guilty pleas, pre-sentence reports and negotiations with the United States Attorney's Office.

Matt was selected for inclusion in The Best Lawyers in America® list in  2017 under the Privacy and Data Security Law category.

Matt serves on  the Steering Committee for the Sedona Conference Working Group 11 on  Data Security and Privacy Liability, which brings “together lawyers, judges, policy makers, security experts, technologists and business leaders to identify and develop principles and best practices that will constructively resolve issues surrounding data security and privacy liability.”  Matt speaks and writes regularly on data security and is a co-chair of the ABA’s Second Annual National Institute on Cybersecurity.
 


Andre M. Mura represents plaintiffs in class action and complex litigation concerning consumers’ and workers’ rights, products liability, drug and medical devices. Prior to joining Gibbs Law Group LLP, Andre was senior litigation counsel at the Center for Constitutional Litigation PC, where he represented plaintiffs in high-stakes appeals and complex litigation. He is a Fellow of the American Bar Foundation, a member of the Lawyers Committee of the National Center for State Courts, a member of Public Justice’s Class Action Preservation Project, an Ex-Officio Trustee of the Pound Civil Justice Institute, and Chair-Elect of the American Association for Justice’s LGBT Caucus.


Jane Azia is currently the Chief of the Bureau of Consumer Frauds and Protection in the office of Attorney General Letitia James and has been bureau chief since May 2011.  From April 2007 through April 2011, she served as the Director of Consumer Protection for the New York State Banking Department where she was responsible for ensuring compliance with applicable consumer protection laws and that consumers have access to and receive financial products and services that are fair and not predatory.  Prior to joining the Banking Department, Jane worked for nearly twenty-five years as an Assistant Attorney General in the New York Attorney General’s Consumer and Internet bureaus.  Jane has worked on a wide range of consumer issues, including predatory lending, credit and financial services, advertising, retail sales, health care, insurance, product safety, housing, telecommunications, telemarketing, food and drugs, privacy and online services.  Jane also spent five years as a legal services attorney in Brooklyn and Poughkeepsie.  Jane is a graduate of NYU Law School. 


Katherine E. McCarron is an attorney with the Bureau of Consumer Protection, Division of Privacy and Identity Protection, at the Federal Trade Commission in Washington, D.C.  This division of the Commission has responsibility for enforcing federal statutes and regulations that pertain to information security and consumer privacy.  Ms. McCarron investigates and prosecutes violations of U.S. federal laws governing the privacy and security of consumer information and has worked on FTC enforcement actions under Section 5 of the Federal Trade Commission Act.  She received her J.D., from Stanford Law School, her M.A. from the London School of Economics and Political Science, and her B.A. from Yale University.


Shennan Kavanagh is the Deputy Chief of the Consumer Protection Division at the Massachusetts Attorney General’s Office. She is engaged in the day-to-day work on a variety of the Division’s core consumer finance investigations and litigation. Ms. Kavanagh oversees and participates on a team of six assistant attorneys general located across Massachusetts who lead the Division’s automobile sales and financing matters. The team has obtained hundreds of thousands in restitution and debt relief for consumers.

Ms. Kavanagh’s entire legal career has been devoted to representing low-income consumers and public service. Prior to joining the Attorney General’s Office, Ms. Kavanagh was a co-founder and partner at Klein Kavanagh Costello, LLP, a mission-driven consumer finance class action firm that litigated cases nationwide.  Her areas of concentration included predatory and discriminatory mortgage lending, unfair mortgage servicing, unfair debt collection and creditors’ violations of the bankruptcy code. Klein Kavanagh Costello brought some of the nation’s first cases on behalf of homeowners trying to obtain affordable loan modifications under the Home Affordable Modification Program (“HAMP”). In addition to complex class action litigation, Ms. Kavanagh handled dozens of pro bono cases during her time in private practice, successfully preventing foreclosures for individuals, obtaining home loan modifications, and stopping harassing debt collectors. Ms. Kavanagh practiced in the areas of consumer finance litigation and class actions as an associate at Roddy Klein & Ryan before starting her own firm.


Alan Schoenfeld is a partner in the New York office of Wilmer Cutler Pickering Hale and Dorr LLP. Alan has represented financial institutions, consumer goods and entertainment companies, medical products companies, and educational testing firms in consumer class actions arising under a broad array of state and federal consumer-protection, data-privacy, state and federal RICO, and antitrust laws. In addition, Alan maintains an active appellate practice, representing clients at the certiorari and merits stage before the Supreme Court of the United States, as well as before federal and state courts of appeals. Alan has presented oral argument in the United States Courts of Appeals for the Second, Seventh, Ninth, Tenth, and Eleventh Circuits. 

Alan graduated from Yale Law School in 2006. He served as a law clerk to then-Judge Sonia Sotomayor of the United States Court of Appeals for the Second Circuit and Judge Denise Cote of the United States District Court for the Southern District of New York.


Bruce A. Friedman, Esq. is an accomplished dispute resolution professional who has mediated and settled a wide range of cases including class action matters and serves as an arbitrator and discovery referee.

Mr. Friedman began his neutral career in 2011 following 37 years as a trial lawyer handling cases in the areas of insurance, class action, professional liability, business, real estate, and entertainment. He was lead trial counsel in dozens of jury trials, bench trials, and arbitrations. He routinely represented clients in high-stakes litigation.

In 2013, Mr. Friedman was named by the Daily Journal as one of the top neutrals in California. He has been recognized by Chambers USA in insurance litigation and described as a “great strategist” with a broad commercial litigation practice. In 2012, Bruce was named as the Best Insurance Lawyer in Los Angeles by Best Lawyers in America.

Clients note that Mr. Friedman's background leads him to understand the complexities of business disputes and the leverage points on both sides of a case. He keeps the parties engaged, knows when to talk and when to listen and when to let the client have a cathartic moment. He is always prepared and thoroughly invested in a mediation even before it begins with pre-mediation calls and meetings. He understands where we are coming from having been in the trenches on the same kinds of cases that he is mediating. His demeanor is very conducive to effective mediation and he excels at being direct but diplomatic.

Representative Matters

  • Business/Commercial Disputes
    • Mediated and arbitrated contract, partnership, joint venture, post-closing, dissolution, bankruptcy, and other business and commercial disputes

  • Class Actions
    • Mediated consumer class actions involving false advertising claims, RESPA, TCPA, Privacy, and other statutory claims
    • Mediated securities class action matters
    • Mediated wage and hour class action disputes

  • Employment
    • Mediated and arbitrated many disputes involving employment, discrimination, harrassment, and wage and hour class actions as litigator and mediator
    • Employment practices liability insurance disputes regarding discrimination, harassment and other related employment claims
    • Handled class action claims asserting age discrimination in employment as litigator and mediator
    • Numerous wrongful termination claims regarding pregnancy, disability, and harassment
    • Numerous sexual harassment cases involving law firms, entertainment companies, and hospitality establishments

  • Entertainment
    • Mediated and arbitrated disputes involving the financing, production, distribution, bonding, and insurance of film and television productions and profit disputes between studios and talent

  • Insurance
    • Mediated and arbitrated coverage disputes involving issues arising under CGL, D&O, Professional Liability, EPL, Surety, Fidelity, Entertainment, Property, Life, and Disability policies
    • Handled case involving the California Commissioner of Insurance in insurance insolvency proceedings and litigation disputes
    • Involved in several insurance cases involving brokers, agents, and managing general agents in insurance business disputes

  • Professional Liability/Malpractice
    • Mediated and arbitrated legal malpractice actions
    • Mediated and arbitrated professional liability claims involving accountants, realtors, insurance brokers/agents, stock brokers, investment advisors, and professional trustees

  • Real Estate
    • Mediated buyer/seller/broker disputes
    • Mediated real estate disputes, including specific performance, title insurance, mortgage, and other real estate matters, such as development and finance
    • Arbitrated individual, limited partnership and tenant-in-common (TIC) disputes

Honors, Memberships, and Professional Activities

  • Honors
    • Selected as a Southern California Super Lawyer in Alternative Dispute Resolution, 2014 to present
    • Selected as a Southern California Super Lawyer in Business Litigation, 2004-2012
    • Recognized as a “Rising Star,” California’s Top 50 Neutrals, Daily Journal, 2013
    • Leading Lawyer in Insurance: Insurer Firms, California, Chambers USA, 2004-2012
    • Insurance Law Lawyer of the Year, Los Angeles, Best Lawyers, 2012
    • Leading Lawyer in Bet-the-Company Litigation, Commercial Litigation, and Insurance Law, Best Lawyers, 2005-2012

  • Memberships and Professional Affiliations
    • Mediator on the Mediation Panel, USDC, Central District of California, 2012-2017
    • Adjunct Professor, Arbitration Advocacy, University of Southern California Law School, 2017
    • Contributing Editor, Rutter Group Insurance Litigation
    • Arbitrator, Independent Film and Television Alliance (IFTA), 2013-2016
    • Member on Insurance Coverage, Professional Liability, Directors and Officers Liability, and Fidelity and Surety Law, American Bar Association Litigation Section and TIPS Section, 1985-present
    • Board of Directors, Public Counsel, 2003-2007
    • President and member of the Board of Trustees, Wilshire Boulevard Temple, 1989-2006
    • Member of the Board of Directors of Paragon International Insurance Brokers, Lloyds of London, 1996-2002
    • President and member of the board, Hope-Net, an interfaith and homeless charity, 1989-2001
    • Top 10 plaintiff’s verdicts in California, 1996
    • President and Board of Governors, Association of Business Trial Lawyers, 1987-1995

  • ADR Profiles

Background and Education

  • Partner and Co-Chair, Complex Litigation Department, Bingham McCutchen, 2007-2012
  • Partner, Managing Partner, General Counsel, Chair of Litigation Department, Alschuler Grossman, 1995-2007
  • The Straus Institute for Dispute Resolution, Pepperdine University School of Law, 2011
  • J.D., with honors, The George Washington University Law School
  • B.A., with honors, Claremont McKenna College


Christopher J. Willis is an Atlanta-based partner at Ballard Spahr and The Practice Group Leader of the firm's Consumer Financial Services Litigation Group. He counsels financial institutions on consumer financial regulatory matters, advises them on compliance with consumer financial services laws, and defends them in both individual and class action lawsuits, as well as governmental enforcement actions (including numerous CFPB enforcement investigations). Mr. Willis chairs the firm’s Fair Lending and Collection Documentation Task Forces. Mr. Willis is a frequent author and speaker on issues relating to consumer financial services.


David Anthony is a partner at Troutman Sanders in the firm’s financial services litigation practice. David is an experienced trial attorney who represents credit reporting agencies, background screening companies, data providers, employers, debt collectors and buyers, and other consumer financial services related entities. David regularly handles class action and individual litigation under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Equal Credit Opportunity Act, the Electronic Funds Transfer Act and similar federal and state statutes. He serves as editor of the firm’s Consumer Financial Services Law Monitor (www.cfslawmonitor.com).


F. Paul Bland, Jr. is Executive Director of Public Justice, overseeing its advocacy and litigation of consumer, environmental and civil rights cases, as well as its communications, development and administrative departments. He has argued and won more than 40 reported decisions from federal and state courts across the nation, including cases in six of the federal Circuit Courts of Appeal and at least one victory in nine different state high courts. He has been counsel in cases which have obtained injunctive and/or cash relief of more than $1 billion for consumers. He has testified a number of times in both houses of Congress and many state legislatures, and has appeared in hundreds of media stories and presented at more than 100 Continuing Legal Education programs throughout the country. He has received a number of honors and awards, including having been named the “Vern Countryman” Award winner in 2006 by the National Consumer Law Center, which “honors the accomplishments of an exceptional consumer attorney who, through the practice of consumer law, has contributed significantly to the well being of vulnerable consumers.” In the late 1980s, he was Chief Nominations Counsel to the U.S. Senate Judiciary Committee. He graduated from Harvard Law School in 1986, and Georgetown University in 1983.


Jeff Sovern is a Professor of Law at St. John’s University in New York. The New York Times has called him "an expert in consumer law," He co-authored a casebook, Consumer Law: Cases and Materials (4d ed. 2013 West) with Professors John A. Spanogle, Ralph J. Rohner, Dee Pridgen, and Christopher Peterson. His scholarly writings have appeared in the Wisconsin Law Review, Fordham Law Review, Washington Law Review, William and Mary Law Review, Ohio State Law Journal (twice), University of California-Irvine Law Review, Maryland Law Review, SMU Law Review, The Business Lawyer, Federal Rules Decisions, the University of Pittsburgh Law Review (twice), Missouri Law Review, McGeorge Law Review, DePaul Law Review, Advancing the Consumer Interest, the Annual Review of Banking Law, the Journal of Consumer Affairs (twice), the Journal of Commercial and Consumer Law (twice), and elsewhere. Professor Sovern also has a forthcoming article in the Rutgers Law Review. His writings have been cited to in numerous casebooks, treatises, law review articles, and court decisions. He is a co-coordinator of the Consumer Law and Policy Blog, which can be read at www.clpblog.org, and editor of the Consumer Law Abstracts eJournal for the Social Science Research Network, available at www.ssrn.com.

Professor Sovern has published a number of op-eds, including essays in The New York Times (multiple times), USA Today, The Boston Globe, Fortune, the Christian Science Monitor, the American Banker (multiple times), the Pittsburgh Post-Gazette (multiple times), The New York Daily News, The Hill (multiple times), CNN.com, Politico, and Commonweal, among other places. 

The American Council on Consumer Interests awarded Professor Sovern the Russell A. Dixon Prize in 2002 and the 2010 Applied Consumer Economics Award. He has spoken at a variety of conferences, including twice before at the Practicing Law Institute's Consumer Financial Services Institute.

Before joining the law faculty, Professor Sovern served as a law clerk to Judge Frank A. Kaufman of the United States District Court for the District of Maryland and practiced law in the litigation department of a major New York City law firm.  He holds A.B. and J.D. degrees from Columbia University.


John Barrett concentrates his practice in class actions and complex litigation, and is experienced in trial and appellate work. John litigates class action cases involving predatory lending, illegal loan servicing, antitrust, telemarketing, and other state and federal consumer law matters.

He is a 1996 graduate of Boston University School of Law (cum laude), and a 1988 graduate of the University of Pennsylvania (B.A., English). He is a former law clerk for Chief Judge Charles H. Haden II, U.S. District Court for the Southern District of West Virginia, 1996-1998.


John Soumilas is a shareholder at the law firm of Francis & Mailman, P.C. in center city Philadelphia.  He concentrates his practice in consumer protection law, including fair credit reporting, fair debt collection, and consumer class actions.  John litigates cases primarily in federal court on behalf of victims of identity theft, persons defamed and otherwise harmed by credit errors, individuals harassed and deceived by debt collectors, and many others who are subjected to fraudulent or unfair trade practices.  He has been certified as class counsel in several Fair Credit Reporting Act and Fair Debt Collection Practices Act class action cases.

John is a 1994 cum laude graduate of Rutgers University, where he was inducted into Phi Beta Kappa.  He also holds a master’s degree in American history from the State University of New York at Stony Brook.  He received his law degree cum laude from the Temple University Beasley School of Law in 1999, where he was a member of the Jessup Moot Court and Temple Law Review.  John began his legal career by clerking for Justice Russell M. Nigro of the Supreme Court of Pennsylvania.

John has been selected by Philadelphia Magazine as a “SuperLawyer,” a recognition received by only 5% of attorneys in Pennsylvania.  He is a regular lecturer on consumer matters, including for the Pennsylvania Bar Institute, the National Business Institute, the National Consumer Law Center, the Practicing Law Institute, the National Association of Consumer Advocates and other organizations.  John has been interviewed and quoted concerning many legal issues affecting consumers by a wide range of media outlets, from the Wall Street Journal and Forbes Magazine to Consumer Reports and Free Speech Radio.  He has also authored several scholarly and popular articles, including Predatory Lending, the FCRA and the FDCPA (NBI 2009) and How Can I Combat Identity Theft (Philadelphia Magazine, Dec. 2008).


Quyen Truong provides regulatory compliance counseling and defense for clients in litigation, government examinations, investigations, and enforcement actions, with emphasis on the Consumer Financial Protection Bureau (CFPB) and prudential regulators, the Federal Trade Commission (FTC), the Department of Justice (DOJ), State Attorney Generals and State financial regulators. She guides and represents clients through all phases of government supervision and enforcement activities. Ms. Truong joined Stroock in May 2016 after serving as Assistant Director and Deputy General Counsel at the CFPB, where she helped to build the new federal regulatory agency and implement the Dodd-Frank Wall Street Reform and Consumer Protection Act, including establishing its infrastructure for decision-making and for interaction with industry, other stakeholders, and governmental authorities.  

As Deputy General Counsel for Litigation, Enforcement, and Oversight at the CFPB, Ms. Truong oversaw the agency’s legal analysis and defense in all matters concerning litigation and mission risks.  Among other responsibilities, she supervised defensive, appellate and amicus litigation, and the review of all CFPB investigations and enforcement actions. The litigation team under her direction represented the CFPB on key issues – from defining the boundaries of its authorities to advancing its interpretation of federal consumer financial law in litigation. She also represented the CFPB in inter-agency fora, including serving as Deputy to the Financial Stability Oversight Council and coordinating with the DOJ, FTC and other regulators in high-stakes litigation, oversight and regulatory proceedings.
 
Ms. Truong came to the CFPB from the Federal Deposit Insurance Corporation (FDIC), where she oversaw the investigation and litigation of claims of regulatory violation, fraud, officer/director and other professional liability, following the financial crisis. Earlier in her career, she served as Associate Bureau Chief at the Federal Communications Commission (FCC), and was cited in Electronic Media’s Millennium Hot List of Industry Leaders for her work as a key driver of the agency’s Internet and competition policies, and her collaboration with the DOJ, FTC, and other authorities.

Besides her vast experience in the public sector, Ms. Truong has over 17 years of private practice experience, including service as a law firm Board member and practice group leader specializing in litigation, investigations, regulatory compliance, and crisis management. The practical and strategic solutions she provides has made her a trusted adviser to industry. For example, she coordinated a consumer services industry leader’s internal investigation and defense against simultaneous attacks by the FCC, FTC, DOJ, Congress, state regulators and prosecutors, and media concerning alleged massive data and privacy breaches.  She terminated the government investigations with zero liability for the client; transformed the company from a government target to a government ally in pursuing the wrongdoers; designed an efficient compliance program that won the International Association of Privacy Professionals 2005 Innovation Award; and attained incorporation of its principles into the agencies’ revision of privacy regulations.

Ms. Truong also has helped industry leaders prevail in other bet-the-company proceedings, including transformative rulemakings, consumer class actions, product launches, and multi-million/billion dollar outsourcing and partnering agreements, mergers and acquisitions.


Richard K. Hayes is a Deputy Chief of the Civil Division in the Office of the United States Attorney for the Eastern District of New York. He supervises the Office’s civil fraud practice areas including cases brought under the False Claims Act. He also oversees the Office’s civil environmental practice. Other litigation and supervision has included: investigations concerning residential mortgage backed securities under the Financial Institutions Reform Recovery and Enforcement Act; labor racketeering prosecutions under the civil remedies provisions of the Racketeer Influenced and Corrupt Organizations Act; drug and listed chemical diversion cases under the Controlled Substances Act; consumer fraud and safety litigation; and civil forfeiture. Richard is a two-time recipient of the Attorney General’s Award for Distinguished Service, United States Department of Justice, and two-time recipient of the Director’s Award for Superior Performance, Executive Office of United States Attorneys, United States Department of Justice. He is also a recipient of the Henry L. Stimson Medal for outstanding performance as an Assistant United States Attorney, Association of the Bar of the City of New York. He is a graduate of Fordham University School of Law.


Serge Jorgensen is founding partner and CTO of the Sylint Group. He provides strategic guidance and active oversight in the areas of computer security, incident response, counter cyber-warfare, eDiscovery, and security architecture. Before co-founding the Sylint Group, Mr. Jorgensen was Vice President of LoCast Corporation, where he directed the development and subsequent patent of HIPAA-compliant patient location and status-tracking technologies. Mr. Jorgensen is a nationally recognized speaker on cyber security, actively participating in the Sedona Conference, American Bar Association, and RSA Conference. He has directed the development of several leading-edge security applications, provided response and remediation guidance to multi-billion dollar international espionage and cyber-security attacks, and directed, tasked and managed multi-million dollar litigation, forensic and electronic discovery efforts.


TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University. From 20154-2017 he was Executive Director of the George Mason Law and Economics Center. He is also a Senior Scholar of the Mercatus Center at George Mason University, Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics, and Co-Editor of the Supreme Court Economic Review. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, and Mississippi College School of Law.

Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.

Professor Zywicki is also an Adjunct Scholar of the Cato Institute, a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”

Professor Zywicki is the author of more than 100 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network, both All Time and during the Past 12 Months. He served as the Editor of the Supreme Court Economic Review from 2001-02. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show. He is a contributor to the popular legal weblog The Volokh Conspiracy and The Atlantic Business Channel of The Atlantic magazine.

Professor Zywicki is former Chairman of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Directors of the Center for Excellence in Higher Education, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Trustees of Yorktown University and Ralston College. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.


Combining his experience at the center of public policy debates as Chief of Staff to Senator Edward M. Kennedy, and his more than 20 years of experience advising and representing financial institutions, Eric Mogilnicki focuses his practice on investigations, examinations and enforcement actions by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission, and prudential regulators.  Mr. Mogilnicki served in the Senate when the CFPB was designed, and has been a national leader within the private bar on CFPB issues since the Bureau first opened its doors.  His experience spans the lifecycle of interactions with the CFPB and other agencies, from anticipating and managing initial requests for information to the resolution of enforcement actions.  Mr. Mogilnicki’s clients include major banks and credit card issuers, federal credit unions, financial technology companies, and national financial trade associations.


Professor Cornelius Hurley has over 35 years of diversified legal, entrepreneurial, and academic experience in the financial sector. His teaching and research interests focus upon the interactions between finance and the real economy. He serves an independent director of Computershare Trust Company, N.A., an element of one of the global leaders in the transfer agent business, and of the Federal Home Loan Bank of Boston, one of the three so-called “GSEs.”

Professor Hurley established the Boston office of The Secura Group, Washington, DC a national financial services consulting firm of which he was a partner. Formerly, he was general counsel of Shawmut Corporation, a regional bank holding company. As assistant general counsel of the Board of Governors of the Federal Reserve System, he was responsible for the Fed’s role in regulating international banking activities. Prof. Hurley also serves as reporter to the American Bar Association’s Task Force on Financial Markets Regulatory Reform.

Professor Hurley was appointed by Boston University’s provost to serve as the first director of the University’s Center for Finance, Law & Policy. The Center is an interdisciplinary initiative drawing upon the deep and varied academic talent of the University to focus upon finance and financial policy issues. He was the director for the Morin Center for Banking and Financial Law and the Graduate Program in Banking and Financial Law from 2005 to 2011.

He is the author of numerous articles and commentaries that have appeared in The Wall Street Journal, The New York Times, Financial Times, American Banker, The Boston Globeand other publications. During the current economic crisis, he has provided ongoing analysis on national and local television and radio outlets.

Professor Hurley teaches Lessons from the Financial Crisis.